On May 18th the Massachusetts Supreme Court issued its ruling on the appeal made by Green Mountain Realty Corporation.

Green Mountain was appealing a decision by The Milton Zoning Board of Appeals which ruled that the construction of a cell tower on land owned by the state and leased by Green Mountain at exit ramp off I93 at Houghton’s Pond would have serious adverse impacts and should not be built.

The Milton Zoning Board of Appeals concurred with the initial decision made by the Milton Conservation Commission. The Supreme Courts ruling supports them.

Green Mountain was seeking to install the tower to rectify gaps in coverage that cell phone users experience in that area. It goes without saying that not everyone is convinced that the inability to talk on the phone while driving on Rt 128/I93/I95 is a bad thing. Regardless, the primary objection was the aesthetic impact the size of the tower would have. It would also have potentially significant impact on wetlands that the Conservation Commission is tasked to protect.

The Supreme Court in reviewing the evidence agreed with bot the ZBA and MCC. They write:

Green Mountain has failed to sustain its burden of proof that there would be no significant adverse impact on the area. It conceded that the project is partially in the wetlands area and would impact the area. In fact, it proposed to replicate the 109 square feet of resource area and the portion of the non-disturbance zone that the project would alter. The MCC’s conclusion that the proposed tower would have a ‘significant adverse impact’ on the wetlands area is supported by substantial evidence.